Q: What next with NC Assignment of Spousal Years Allowance form?
My wife passed away and I have filed for the Assignment for Spousal Years Allowance with the Clerk of Courts. She has a few hospital bills that need to be paid, will my bank accept the sealed/certified Allowance Form (AOC-100-E) form of will they also require I file for an EIN number? When more checks come in do I need to contact Clerk of Courts for them to update the file or will I be required to file a brand new form listing the new money?
I'm sorry for your loss.
You're off to a good start by filing the Spousal Allowance form.
If your wife listed you as the beneficiary (also called TOD or POD) on her financial accounts or if you had a joint account held as "joint tenants with right of survivorship", the financial institutions should transfer the funds to you and it will pass outside the estate. This should not be counted against your Spousal Allowance.
If you were not the beneficiary and have listed your wife's bank account on the Spousal Allowance, that will give you the authority to close her account and transfer the money into your account.
You only need to file for an EIN if the estate needs to file a tax return and that is only triggered if the estate will generate more than $600 in annual income.
When more checks come in or you remember more assets, you can amend the existing Spousal Allowance form. Many Clerk's offices allow you to copy the previous Spousal Allowance form and add in the new assets to create the Amended Application, but it varies depending on the local rules.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.